R v. S

R v. S

On the balance of probabilities the respondent's persistent controlling, authoritarian and uncommunicative conduct, taken cumulatively and judged against the parties' characters, made it unreasonable to expect the petitioner to live with him; therefore the marriage had irretrievably broken down and a decree nisi should be granted.

Citation
R v. S
Parties
Petitioner: R; Respondent: S
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2010
Case Number
HCMC7/2009
Procedural Posture
Divorce (unreasonable Behaviour) / Decree Nisi Pronounced After Defended Hearing
Outcome
Decree nisi granted; respondent's answer dismissed
Legal Topics
Divorce, Unreasonable Behaviour, Jurisdiction (forum Non Conveniens), Anti Suit Injunctions, Child Custody/access, Costs
Source Language
EN
Family Law Private International Law Divorce Unreasonable Behaviour Jurisdiction (forum Non Conveniens) Anti Suit Injunctions Child Custody/access Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R

Petitioner

S

Respondent

Procedural Posture

Divorce (unreasonable Behaviour) / Decree Nisi Pronounced After Defended Hearing

Legal Issues

  1. 1 Whether the petitioner proved unreasonable behaviour such that she cannot reasonably be expected to live with the respondent
  2. 2 Whether Hong Kong was the appropriate forum (background forum non conveniens dispute)
  3. 3 Whether costs should be awarded on a higher scale and whether a certificate for two counsel should be granted

Ratio Decidendi

On the balance of probabilities the respondent's persistent controlling, authoritarian and uncommunicative conduct, taken cumulatively and judged against the parties' characters, made it unreasonable to expect the petitioner to live with him; therefore the marriage had irretrievably broken down and a decree nisi should be granted.

Court Disposition

Decree nisi granted; respondent's answer dismissed

Orders

  • Decree nisi of divorce pronounced
  • Respondent's answer dismissed